[Federal Register Volume 82, Number 213 (Monday, November 6, 2017)]
[Rules and Regulations]
[Pages 51347-51349]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-24068]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2017-1011]
RIN 1625-AA00


Safety Zone, Delaware River; Pipeline Removal

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing temporary safety zones in the 
Mifflin Range on the Delaware River to facilitate pipeline removal in 
preparation for the deepening of the Delaware River. The safety zones 
will be established for the waters in the vicinity of the dredge, 
dredge equipment, dive operations, and pipe removal operations. This 
regulation is necessary to provide for the safety of life on navigable 
waters of the Delaware River in the vicinity of pipeline removal 
operations and to protect mariners from the hazards associated with 
dredging and pipeline removal operations. Entry of vessels or persons 
into these zones is prohibited unless specifically authorized by the 
Captain of the Port Delaware Bay.

DATES: This rule is effective from November 6, 2017, through December 
4, 2017.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2017-1011 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open 
Docket Folder on the line associated with this rule.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email Petty Officer Edmund Ofalt, Waterways Management Branch, 
U.S. Coast Guard Sector Delaware Bay; telephone (215) 271-4814, email 
[email protected].

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec.  Section
U.S.C. United States Code

II. Background Information and Regulatory History

    The Coast Guard is issuing this temporary rule without prior notice 
and opportunity to comment pursuant to authority under section 4(a) of 
the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This 
provision authorizes an agency to issue a rule without prior notice and 
opportunity to comment when the agency for good cause finds that those 
procedures are ``impracticable, unnecessary, or contrary to the public 
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good 
cause exists for not publishing a notice of proposed rulemaking (NPRM) 
with respect to this rule due to the short time period between when 
Sector Delaware Bay received complete details of this project, October 
20, 2017, and the date when these safety zones needed to go into effect 
by. It is impracticable and contrary to the public interest to publish 
an NPRM to provide a notice and opportunity for comment period because 
the safety zones must be established by November 6, 2017 to ensure 
safety of life on navigable waters in the vicinity of dredging 
operations, underwater cutting operations, and pipeline removal 
operations and to protect mariners from hazards associated with the 
same.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause 
exists for making this rule effective less than 30 days after 
publication in the Federal Register. Delaying the effective date of 
this rule would be impracticable and contrary to the public interest 
because immediate action is needed to mitigate the hazards presented to 
safety of life on the Delaware River by the presence of dredge 
equipment, dredging operations, dive operations, and pipeline removal 
operations.

[[Page 51348]]

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 33 U.S.C. 
1231. The Captain of the Port (COTP) Delaware Bay has determined that 
potential hazards associated with dredging, dive operations, and 
pipeline removal operations starting November 6, 2017, will be a safety 
concern for vessels attempting to transit the Delaware River along the 
Mifflin Range. This rule is needed to protect personnel, vessels, and 
the marine environment on the navigable waters within the safety zone 
while dredging, dive operations, and pipeline removal operations are 
being conducted.

IV. Discussion of the Rule

    This rule establishes two safety zones on a portion of the Mifflin 
Range, just upriver of the green 63 buoy, in the Delaware River from 
November 6, 2017, through December 4, 2017, unless cancelled earlier by 
the COTP, to facilitate dredging, dive operations, and pipeline 
removal. Dredging operations to expose the pipeline will commence on 
November 6, 2017. The hopper dredge 549 will be conducting the dredging 
operations and will be attended by the towing vessel SHELBY. Dive 
operations will commence approximately one week after the completion of 
dredging operations and will continue through completion of removal of 
the pipeline.
    Safety zone one includes all navigable waters within 250 yards of 
the dredge barge 549 and associated pipeline removal equipment, to 
include any equipment located within Anchorage 9 near the entrance to 
Mantua Creek found in 33 CFR 110.157(a)(10).
    Safety zone two includes all navigable waters within 250 yards of 
the dive barge 543 and all associated pipeline removal equipment, to 
include any equipment located within Anchorage 9 near the entrance to 
Mantua Creek Found in 33 CFR 110.157 (a)(10).
    Vessels requesting to transit either safety zone must contact the 
towing vessel SHELBY on VHF-FM channel 13 or 65, at least 1 hour, as 
well as 30 minutes prior to arrival to arrange safe passage. Vessels 
may also contact the COTP for permission to enter or transit either 
safety zone on VHF-FM channel 16.

V. Regulatory Analyses

    We developed this rule after considering numerous statutes and 
Executive orders related to rulemaking. Below we summarize our analyses 
based on a number of these statutes and Executive orders, and we 
discuss First Amendment rights of protestors.

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the 
costs and benefits of available regulatory alternatives and, if 
regulation is necessary, to select regulatory approaches that maximize 
net benefits. Executive Order 13771 directs agencies to control 
regulatory costs through a budgeting process. This rule has not been 
designated a ``significant regulatory action,'' under Executive Order 
12866. Accordingly, this rule has not been reviewed by the Office of 
Management and Budget (OMB), and pursuant to OMB guidance it is exempt 
from the requirements of Executive Order 13771.
    This regulatory action determination is based on the size, 
location, and duration of the safety zones. Although this regulation 
will restrict access to regulated areas, the effect of this rule will 
not be significant because there are a number of alternate anchorages 
available. Furthermore, vessels may be permitted to transit through the 
safety zone with the permission of the COTP or make satisfactory 
passing arrangements with the towing vessel SHELBY in accordance with 
this rule and the Rules of the Road (33 CFR subchapter E). Extensive 
notification of the safety zones to the maritime public will be made 
via maritime advisories allowing mariners to alter their plans 
accordingly.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as 
amended, requires Federal agencies to consider the potential impact of 
regulations on small entities during rulemaking. The term ``small 
entities'' comprises small businesses, not-for-profit organizations 
that are independently owned and operated and are not dominant in their 
fields, and governmental jurisdictions with populations of less than 
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule 
will not have a significant economic impact on a substantial number of 
small entities.
    While some owners or operators of vessels intending to transit the 
safety zone may be small entities, for the reasons stated in section 
V.A above, this rule will not have a significant economic impact on any 
vessel owner or operator.
    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small 
entities in understanding this rule. If the rule would affect your 
small business, organization, or governmental jurisdiction and you have 
questions concerning its provisions or options for compliance, please 
contact the person listed in the FOR FURTHER INFORMATION CONTACT 
section.
    Small businesses may send comments on the actions of Federal 
employees who enforce, or otherwise determine compliance with, Federal 
regulations to the Small Business and Agriculture Regulatory 
Enforcement Ombudsman and the Regional Small Business Regulatory 
Fairness Boards. The Ombudsman evaluates these actions annually and 
rates each agency's responsiveness to small business. If you wish to 
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR 
(1-888-734-3247). The Coast Guard will not retaliate against small 
entities that question or complain about this rule or any policy or 
action of the Coast Guard.

C. Collection of Information

    This rule will not call for a new collection of information under 
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

D. Federalism and Indian Tribal Governments

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on the States, on the 
relationship between the national government and the States, or on the 
distribution of power and responsibilities among the various levels of 
government. We have analyzed this rule under that Order and have 
determined that it is consistent with the fundamental federalism 
principles and preemption requirements described in Executive Order 
13132.
    Also, this rule does not have tribal implications under Executive 
Order 13175, Consultation and Coordination with Indian Tribal 
Governments, because it does not have a substantial direct effect on 
one or more Indian tribes, on the relationship between the Federal 
Government and Indian tribes, or on the distribution of power and 
responsibilities between the Federal Government and Indian tribes. If 
you believe this rule has implications for federalism or Indian tribes, 
please contact the person listed in the FOR FURTHER INFORMATION CONTACT 
section above.

E. Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
requires Federal agencies to assess the effects of their discretionary 
regulatory actions. In particular, the Act addresses actions that may 
result in the expenditure by a

[[Page 51349]]

State, local, or tribal government, in the aggregate, or by the private 
sector of $100,000,000 (adjusted for inflation) or more in any one 
year. Though this rule will not result in such an expenditure, we do 
discuss the effects of this rule elsewhere in this preamble.

F. Environment

    We have analyzed this rule under Department of Homeland Security 
Management Directive 023-01 and Commandant Instruction M16475.lD, which 
guide the Coast Guard in complying with the National Environmental 
Policy Act of 1969 (42 U.S.C. 4321-4370f), and have determined that 
this action is a category of actions that do not individually or 
cumulatively have a significant effect on the human environment. This 
rule involves a safety zone that encompasses all navigable waters 
within 250 yards of a dredge, diving operations, pipeline removal 
operations and all associated equipment. It is categorically excluded 
from further review under paragraph 34(g) of Figure 2-1 of the 
Commandant Instruction. A Record of Environmental Consideration 
supporting this determination is available in the docket where 
indicated under ADDRESSES.

G. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters. 
Protesters are asked to contact the person listed in the FOR FURTHER 
INFORMATION CONTACT section to coordinate protest activities so that 
your message can be received without jeopardizing the safety or 
security of people, places or vessels.

List of Subjects in 33 CFR Part 165

    Harbors, Marine Safety, Navigation (water), Reporting and 
recordkeeping requirements, Security measures, Waterways.

    For the reasons discussed in the preamble, the Coast Guard amends 
33 CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

0
1. The authority citation for part 165 continues to read as follows:

    Authority:  33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05-1, 6.04-
1, 6.04-6, and 160.5; Department of Homeland Security Delegation No. 
0170.1.

0
2. Add Sec.  165.T05-1011, to read as follows:


Sec.  165.T05-1011  Safety Zone, Delaware River; Pipeline Removal.

    (a) Location. The following areas are safety zones:
    (1) Safety zone one includes all navigable waters within 250 yards 
of the dredge barge 549 and associated equipment operating in Mifflin 
Range and Anchorage 9 near the entrance to Mantua Creek, upriver of 
green buoy 63, on the Delaware River.
    (2) Safety zone two includes all navigable waters within 250 yards 
of the dive barge 543 and associated equipment operating in Mifflin 
range and Anchorage 9 near the entrance to Mantua Creek, upriver of 
green buoy 63, on the Delaware River.
    (b) Definitions. (1) Captain of the Port means the Commander Sector 
Delaware Bay or any Coast Guard commissioned, warrant, or petty officer 
who has been authorized by the Captain of the Port to act on his 
behalf.
    (2) Designated representative means any Coast Guard commissioned, 
warrant or petty officer who has been authorized by the Captain of the 
Port, Delaware Bay, to assist with the enforcement of safety zones 
described in paragraph (a) of this section.
    (c) Regulations. The general safety zone regulations found in 33 
CFR part 165 subpart C apply to the safety zone created by this 
section.
    (1) Entry into or transiting within either safety zone is 
prohibited unless vessels obtain permission from the Captain of the 
Port via VHF-FM channel 16, or make satisfactory passing arrangements 
via VHF-FM channels 13 or 65, with the towing vessel SHELBY per this 
section and the rules of the Road (33 CFR subchapter E). Vessels 
requesting to transit shall contact the towing vessel SHELBY on channel 
13 or 65, at least 1 hour, as well as 30 minutes, prior to arrival.
    (2) Vessels granted permission to enter and transit the safety zone 
must do so in accordance with any directions or orders of the Captain 
of the Port, his designated representative, or the towing vessel 
SHELBY. No person or vessel may enter or remain in a safety zone 
without permission from the Captain of the Port or the towing vessel 
SHELBY.
    (3) At least one side of the main navigational channel will be kept 
clear for safe passage of vessels.
    (4) This section applies to all vessels that intend to transit 
through the safety zone except vessels that are engaged in the 
following operations: Enforcement of laws; service of aids to 
navigation, and emergency response.
    (d) Enforcement periods. This section will be enforced from 
November 6, 2017, through December, 4 2017.

    Dated: November 1, 2017.
Scott E. Anderson,
Captain, U.S. Coast Guard, Captain of the Port, Delaware Bay.
[FR Doc. 2017-24068 Filed 11-3-17; 8:45 am]
 BILLING CODE 9110-04-P


